Changing Your Child’s Name: What Parents Need to Know

Deciding to change a child’s name can be a sensitive and sometimes complex process. Whether it’s to reflect a parent’s surname after divorce, to correct a spelling error, or for cultural, personal, or gender identity reasons, there are legal steps that must be followed to ensure the name change is recognised on all official documents. Understanding the process in advance can help parents navigate it smoothly and avoid disputes or delays.

When Can You Change a Child’s Name?

In the UK, a child’s name can be changed at any time, but there are additional considerations. Unlike adults, children cannot legally change their own name — the request must come from a parent or legal guardian. Both parents or guardians usually need to agree to the change. If there is a dispute or one parent does not consent, it may be necessary to apply to the family court for permission to change the child’s name.

Situations where a name change might arise include:

• A parent remarries or divorces and wants the child’s surname to reflect their new name.

• Parents wish to correct or standardise the spelling of a name on official records.

• The child identifies with a different name, perhaps reflecting cultural heritage or gender identity.

The Legal Process

For children, the legal route usually involves:

1. Obtaining parental consent: Both parents with parental responsibility must agree. If the change is not agreed a court application should be made.

2. Using a Change of Name Deed: This is a formal legal document declaring the new name. Solicitors can prepare a child’s Change of Name Deed to ensure it is legally binding. A Change of Name Deed can be enrolled at the Supreme Court (referred to as a Deed Poll) if required.

3. Updating official records: Once the Change of Name Deed is in place, the child’s new name should be updated on their passport, school records, medical records, and any other official documents.

If parental consent cannot be obtained, the parent applying for the change must apply to the family court. The court will consider what is in the best interests of the child, which includes looking at the child’s views (depending on age and maturity), the reasons for the change, and the potential impact on the child’s wellbeing.

Special Considerations

• Children over 12: Courts often give more weight to the child’s wishes when deciding whether a name change should be approved.

• Cultural or religious reasons: Judges take cultural and religious considerations seriously, particularly if the change reflects the child’s identity or heritage.

• Practicalities: Schools, medical providers, and other institutions will require certified copies of the Deed or court order to update records. Keeping multiple copies on hand is advisable.

Practical Tips for Parents

Changing a child’s name can be straightforward if both parents are in agreement, but preparation is key:

• Discuss the reasons for the change openly with all parties involved.

• Consult a solicitor if there is any doubt about parental consent or if a court application might be required.

• Ensure all official records are updated promptly to avoid confusion in school, healthcare, or travel documentation.

• Consider the child’s perspective and feelings; involving them in the process where appropriate can make the transition smoother.

Conclusion

Changing the name of a child requires careful legal and practical consideration and where disputes arise, the family court may need to decide based on the child’s best interests. By understanding the process, seeking professional guidance, and involving the child where appropriate, parents can ensure the name change is completed smoothly and respectfully.

Why Court Delays Are Making Divorce Harder — And What Needs to Change

It’s no secret that the family courts are under huge pressure. Every working day, more than 1,000 new cases start in the family court — and the average time taken to resolve them has soared by 36% since 2018.

For separating couples, that means more waiting, more uncertainty, and often, more emotional strain — not to mention the financial cost.

At BSG Solicitors, our family law team sees first-hand the toll these delays can take. That’s why we’re joining forces with Resolution during Good Divorce Week to highlight the urgent need for better support and earlier access to legal advice.

A System at Breaking Point

A recent parliamentary report revealed that the average family court case now takes 41 weeks to conclude — up from just 26 weeks a few years ago. With courts struggling to cope, families are left in limbo for months at a time, waiting for hearings, judgments, or even simple procedural steps.

While court staff and judges are doing everything they can, the truth is that the system simply doesn’t have the resources it needs.

Early Legal Advice Could Change Everything

At BSG Solicitors, we believe many couples could avoid the stress of court entirely if they received early, accessible legal advice. That might mean exploring mediation, collaborative divorce, or simply having the right guidance at the right time to make informed decisions.

Barbara Richardson, Head of Divorce & Finance at BSG Solicitors, explains:

“Too often, couples come to us after months of trying to navigate separation on their own, by that point, the conflict and confusion have often deepened. With early legal advice, many could have avoided court altogether and reached fair, constructive agreements that work for their families.

Our family courts in are doing their very best under incredible strain, but without more funding and investment in early intervention, delays will only grow. We need to make sure families can access help before they reach crisis point.”

Good Divorce Week: Promoting a Better Way

Good Divorce Week, led by Resolution, is about encouraging separating couples to approach divorce with less confrontation and more cooperation. As proud members of Resolution, our family lawyers at BSG Solicitors follow a Code of Practice that promotes understanding, respect, and solutions that put children first. But to make that approach accessible to everyone, public funding and systemic support are essential.

Looking Ahead

At BSG Solicitors, we’ll continue to advocate for change — and for families. We believe divorce doesn’t have to mean destruction. With the right advice, at the right time, it’s possible to part ways with dignity, fairness, and a clear path forward.

If you’re considering separation or divorce and want to understand your options, our friendly team is here to help. Get in touch with our Divorce & Finance department today for an initial consultation.

To speak to a specialist Family Law Solicitor in Lancaster or Preston please click here or call 01524 386500.

Is It Really Possible to Have a “Good Divorce”?

Why Being a Resolution Member Matters More Than Ever

Every year, Good Divorce Week shines a spotlight on one of the most important — and often misunderstood — questions in family law: Is it really possible to have a good divorce?

At BSG Solicitors, we believe the answer is yes. But it takes understanding, cooperation, and the right kind of professional support. That’s why our family law solicitors are proud members of Resolution — a community of over 6,500 family justice professionals across England and Wales committed to helping people separate with dignity, not destruction.

The Courts Are Overwhelmed — Families Need a Better Way

Right now, our family courts are stretched to breaking point. With over 1,000 new cases starting every working day, many families face long waits for hearings and uncertain outcomes.

But the truth is, many of these cases don’t need to go to court. There’s often a better, more constructive way forward — and that’s where Resolution’s approach comes in.

Resolution members, including our team here at BSG Solicitors, work to reduce conflict and find solutions outside of court, through methods like negotiation, mediation, and collaborative law. This not only saves time and stress but often leads to better long-term results for both adults and children.

What Sets Resolution Members Apart

What makes Resolution members different is our shared Code of Practice — a set of guiding principles that put respect, empathy, and problem-solving at the heart of everything we do.

We avoid inflammatory language, focus on communication, and always keep sight of what matters most: the long-term wellbeing of everyone involved.

Barbara Richardson, Head of Divorce & Finance at BSG Solicitors, explains:

“Being a Resolution member means we’re here to help separated families move forward. Divorce is rarely easy, but it doesn’t have to be destructive. By promoting understanding and cooperation, we can help people reach fair outcomes faster and with far less emotional cost.

I’ve seen firsthand how a calm, constructive approach can transform what could have been a painful battle into a respectful resolution.”

You can read more about the Resolution Code of Practice here

A Constructive Approach Makes a Real Difference

Our clients often tell us that what they valued most wasn’t just the legal advice, it was the way we helped them stay focused, supported, and in control throughout the process.

Whether through early legal guidance, mediation, or a carefully negotiated settlement, our goal is always to minimise conflict and maximise clarity.

This approach doesn’t just save time and money; it also reduces the emotional toll on families, especially where children are involved.

Choosing a Better Way

Far too many families still end up in court unnecessarily. But with the right advice early on, separation can be handled with compassion, fairness, and dignity.

At BSG Solicitors, we’re proud to be part of a community that’s changing the culture of divorce for the better.

If you’re thinking about separation or need advice on how to move forward, our experienced team is here to help you find a better way — for you, for your family, and for your future.

To speak to a specialist Family Law Solicitor in Lancaster or Preston please click here or call 01524 386500

What Happens If Probate Is Delayed? Understanding the Impact on Property Sales

Selling or buying a property after someone has passed away can be a stressful experience. When probate is delayed, the process becomes even more complicated. Probate is the legal procedure that gives executors the authority to manage and distribute a deceased person’s estate, including property, bank accounts, and other assets. Without probate, ownership cannot legally transfer, which means that property sales can stall and buyers, sellers, and beneficiaries are left in uncertainty.

Probate delays can occur for many reasons. Estates may be complex, with multiple beneficiaries, co-owned properties, or unusual assets that take time to value. Sometimes delays stem from incomplete or unclear documentation, or disagreements among family members about the estate. In other cases, HM Revenue & Customs must confirm that inheritance tax has been paid before probate is granted, which can add weeks to the process. Even the availability and experience of the executor can influence timing, especially if they are unfamiliar with the steps involved or managing other responsibilities.

The impact of probate delays on property sales can be significant. Buyers may be ready to exchange contracts, only to find that legal ownership cannot transfer, forcing a transaction to stall. Sellers may continue paying mortgages, insurance, and maintenance costs for longer than expected, which can be financially stressful. Prolonged delays can also reduce interest from buyers or affect offers, particularly if the market changes during the waiting period. On an emotional level, delays often heighten tension among beneficiaries who are relying on the sale proceeds.

There are, however, steps that can help minimise the disruption. Applying for probate as early as possible, ensuring all documents are complete, and engaging a solicitor experienced in probate and conveyancing can streamline the process. In some cases, temporary financial arrangements, such as bridging loans, can cover ongoing costs while waiting for probate. Maintaining clear communication between executors, beneficiaries, and potential buyers is also vital to manage expectations and reduce misunderstandings.

Key takeaways to reduce probate delays:

• Start the probate process promptly.

• Ensure all documentation, including wills and death certificates, is complete and accurate.

• Seek advice from a specialist solicitor.

• Consider interim financial solutions if needed.

• Keep clear and regular communication with all parties involved.

Understanding the potential causes of probate delays and taking proactive steps can make a substantial difference. While delays cannot always be avoided, preparation, legal guidance, and thoughtful communication can ensure property transactions proceed as smoothly as possible, minimising stress for everyone involved.

Lasting Power of Attorney: When to Set One Up—and Why Early Is Better

A Lasting Power of Attorney (LPA) is an essential legal document that allows you to appoint someone you trust to make decisions on your behalf if you lose the ability to do so yourself. Setting up an LPA early is a wise move that provides peace of mind and protection for the future.

What Is a Lasting Power of Attorney?

There are two types of LPA:

• Property and Financial Affairs LPA: Authorises your attorney to manage your finances, pay bills, sell property, and handle your monetary matters.

• Health and Welfare LPA: Allows your attorney to make decisions about your healthcare, medical treatment, and living arrangements.

You can create one or both, depending on your needs.

Why Set Up an LPA Early?

1. Avoid Losing Control
   If you lose mental capacity without an LPA in place, your family may have to apply to the Court of Protection to be appointed as deputies—a lengthy, costly, and stressful process. Having an LPA avoids this and ensures your trusted people can act on your behalf immediately after registration.

2. Peace of Mind for You and Your Family
   Knowing someone you trust will manage your affairs if you can’t helps reduce worry for everyone involved.

3. Tailored to Your Wishes
   Early planning allows you to choose your attorneys carefully, set limits or conditions, and specify your preferences clearly.

4. Avoid Family Disputes
   Without an LPA, disagreements about who should manage your affairs can escalate. An LPA provides clear legal authority and helps prevent conflicts.

5. Planning for Unexpected Events
   Accidents, sudden illness, or the onset of conditions like dementia can happen at any age. Preparing your LPA early is a smart safeguard.

When Is the Right Time to Create an LPA?

• As Soon as You’re Over 18 and Have Capacity
  The law requires you to have mental capacity at the time of creating an LPA, so it’s best to do it while you’re healthy.

• During Major Life Changes
  Events such as retirement, divorce, or the birth of grandchildren are good prompts to review or set up an LPA.

• When You Start Managing Significant Assets or Responsibilities
  If you own property, run a business, or have complex financial matters, an LPA helps manage these effectively if you become unable.

What Happens After Setting Up an LPA?

• The LPA must be registered with the Office of the Public Guardian (OPG) before it can be used. Registration can take several weeks.

• Your attorneys must act in your best interests and follow the principles set out in the Mental Capacity Act 2005.

• You can revoke or change your LPA at any time while you have capacity.

Common Misconceptions

• “I’m too young to need an LPA.”
  Capacity issues can occur unexpectedly at any age.

• “My family will automatically have the power to make decisions.”
  Without an LPA, they do not have legal authority.

• “Setting up an LPA is complicated and expensive.”
  While some costs apply, we can make the process straightforward and tailor it to your needs.

Setting up a Lasting Power of Attorney early is a proactive way to protect yourself and your loved ones. It ensures your preferences are respected, provides legal clarity, and prevents unnecessary stress.

BSG Solicitors Announced as Finalists at the Love Lancaster Business Awards

BSG Solicitors are proud to announce that the firm has been shortlisted as a finalist in the Professional Services Award category at this year’s Love Lancaster Business Awards.

The Awards celebrate the very best of Lancaster’s business community, recognising organisations and individuals who make a positive impact on the city. This year’s ceremony will take place on Thursday 13th November at the Ashton Hall, bringing together businesses from across the district for an evening of recognition and celebration.

Rebecca Lauder, Partner at BSG Solicitors, said:

“We are delighted to be named as finalists in the Professional Services Award category. Being shortlisted is a testament to the hard work and dedication of our team, and we are incredibly grateful to everyone who took the time to nominate us – our staff, clients, and professional contacts. Their support means so much to us, and we’re proud to be part of such a vibrant business community here in Lancaster.”

The nomination highlights BSG Solicitors’ continued commitment to providing trusted, client-focused legal services and supporting the wider Lancaster community.

LPA Application Mistakes to Avoid: Lessons for 2025

A Lasting Power of Attorney (LPA) is a vital legal tool that allows you to appoint trusted individuals to make decisions on your behalf if you lose mental capacity. However, many LPA applications get delayed or rejected because of common errors. In 2025, solicitors in England and Wales continue to see avoidable mistakes causing frustration and unnecessary delays. Here’s a practical guide on what to watch out for to ensure your LPA application is smooth and successful.

What is an LPA?

An LPA can cover either Property and Financial Affairs (managing bank accounts, paying bills, selling property) or Health and Welfare decisions (medical care, living arrangements). You can create one or both types depending on your needs.

Top LPA Application Mistakes to Avoid

1. Incomplete or Incorrect Forms
   The LPA forms require detailed information about donors (the person granting the power), attorneys, and certificates confirming capacity. Missing signatures, incorrect dates, or incomplete sections can cause the Office of the Public Guardian (OPG) to reject or delay your application.

2. Failure to Properly Certify the LPA
   The LPA must be certified by someone who confirms that the donor understands the document and is not under undue pressure. This certifier can be a solicitor, a doctor, or a trusted person who has known the donor for at least two years. Incorrect certification is a common reason for refusal.

3. Not Informing People Named in the ‘People to Notify’ Section
   The donor has an option to notify people who are not attorneys or certifiers, to check for any concerns.  This is not compulsory but if you include such people in the form, failure to inform these people, or naming inappropriate people, can cause delays.

4. Submitting Without Payment or With Incorrect Fees
   As of 2025, the standard LPA registration fee is £82 (with exemptions available). Applications without the correct fee or proof of exemption will be returned.

5. Not Registering the LPA Before Use
   An LPA must be registered with the OPG before attorneys can use their powers. Many people mistakenly believe the LPA is valid as soon as signed. This can cause legal complications if decisions are made prematurely.

6. Not Planning for Replacement Attorneys
   It’s advisable to name replacement attorneys in case an appointed attorney is unable or unwilling to act. Omitting this can cause delays if an attorney becomes unavailable.

7. Forgetting to Keep Copies and Communicate with Attorneys
   Once registered, you should keep certified copies and ensure attorneys understand their responsibilities.

How We Can Help

While DIY LPA kits exist, solicitor involvement ensures:

• Correct and thorough completion of forms.

• Proper certification and advice on who to notify.

• Assistance with registration and avoiding pitfalls.

• Tailoring LPAs to your unique needs, especially complex family or financial

Setting up an LPA correctly protects your future autonomy and eases the burden on loved ones. Avoiding these common mistakes will help your application sail through the OPG and provide peace of mind.

Updating Your Will: When Life Changes Mean You Should Act

Having a valid will is crucial for ensuring your assets are distributed according to your wishes after you pass away. However, it’s not enough to simply write a will once and forget about it. Life changes often require updating your will to keep it accurate and legally effective. We advise clients to review their wills regularly, especially after significant personal or financial events.

Why Updating Your Will Matters

If your will does not reflect your current circumstances, it could lead to disputes, unintended beneficiaries, or delays in administering your estate. Without a valid will, the rules of intestacy apply, which might not align with your wishes and can cause hardship for your loved ones.

Key Life Events That Should Trigger a Will Review

1. Marriage or Civil Partnership
   In England and Wales, marrying or entering into a civil partnership automatically revokes any existing will unless the will was made in contemplation of that marriage or partnership. This means your previous will becomes invalid, and you need to create a new one promptly.

2. Divorce or Dissolution of Civil Partnership
   Divorce or ending a civil partnership generally does not revoke your will, but the ex-spouse or ex-partner is treated as having died for the purposes of the will. However, this can cause complications, so updating the will to remove or alter provisions relating to the former partner is strongly recommended.

3. Birth or Adoption of Children
   New children or grandchildren may change how you want your estate distributed. You might want to include trusts for minor children or designate guardians.

4. Changes in Assets or Financial Situation
   Significant increases or decreases in assets, such as buying a property, starting a business, or receiving an inheritance, may require adjustments in your will to reflect new priorities.

5. Death of a Beneficiary or Executor
   If someone named in your will passes away, it’s important to update it to prevent legal complications or unintended disinheritance.

6. Relocation
   Moving to another country or region with different inheritance laws may affect the validity or administration of your will.

7. Changes in Tax Laws
   Tax planning is a common reason to update wills, especially with changing inheritance tax thresholds or exemptions.

How to Update Your Will Properly

• Make a New Will: The safest approach is to draft a new will with your solicitor, revoking the previous one. This ensures clarity and avoids confusion.

• Codicils: These are legal documents that amend specific parts of an existing will without replacing the whole document. Codicils can be useful for minor changes but should be drafted carefully.

• Seek Professional Advice: DIY updates or informal amendments can cause more harm than good, leading to disputes or invalidation.

Final Thoughts

Regularly reviewing and updating your will is a responsible step that protects your family and ensures your wishes are honoured. We recommend reviewing your will every 3-5 years, or sooner if your circumstances change. With evolving family dynamics and financial situations, staying proactive about your estate planning is more important than ever.

Child Arrangements Explained: Rights, Shared Care, and Custody Basics

When parents separate or divorce, one of the most sensitive and important issues to resolve is child arrangements—where children live, how much time they spend with each parent, and how decisions about their welfare are made. Understanding your rights and the legal framework in England and Wales can help you make informed decisions and reduce conflict. Here’s what you need to know about child arrangements in 2025.

What Are Child Arrangements?

Child arrangements refer to:

• Where a child lives (residence).

• Who the child spends time with and when (contact).

• Who makes decisions about the child’s upbringing

Since the Children and Families Act 2014, the courts have moved away from terms like “custody” and “access” and instead use “child arrangements” to reflect a focus on the child’s best interests.

Parental Responsibility

In England and Wales, mothers automatically have parental responsibility. Fathers gain it if they are married to the mother at the time of birth or are listed on the birth certificate (for children born after December 2003). Parental responsibility gives the right to make important decisions about the child’s education, health, and welfare.

Types of Child Arrangements

1. Living Arrangements
   Children may live primarily with one parent, or the parents may share care equally or near-equally, often called “shared care.” Shared care is more common now, but courts focus on what is best for the child rather than equality.

2. Contact Arrangements
   The parent the child does not live with typically has contact rights. Contact can be direct (face-to-face visits) or indirect (phone calls, video chats). The specifics depend on the child’s age, preferences, and family circumstances.

3. Decision-Making Arrangements
   Parents with parental responsibility should make key decisions together. Disputes over decisions may require mediation or court intervention.

How Are Child Arrangements Decided?

• Mutual Agreement: Many parents agree on arrangements without court involvement, often with help from family mediation or solicitors.

• Court Orders: If parents cannot agree, either can apply for a Child Arrangements Order from the family court. The court’s paramount concern is the child’s welfare.

The Court’s Approach

Courts assess the child’s best interests based on the welfare checklist, including:

• The child’s wishes and feelings (depending on age and maturity).

• The child’s physical, emotional, and educational needs.

• The likely effect of any change in circumstances.

• The child’s age, sex, background, and any harm suffered or risk of harm.

• The capability of each parent to care for the child.

Mediation and Alternative Dispute Resolution

Before applying to court, parents are usually required to attend a Mediation Information and Assessment Meeting (MIAM) to explore whether mediation can help resolve disputes amicably. Mediation is often faster, less costly, and less stressful than court proceedings.

Final Thoughts

Child arrangements are about creating a stable, loving environment for children after family breakdowns. Knowing your rights and the legal framework can help parents navigate these challenging times with confidence and compassion contact us for bespoke advice on your personal situation.

To arrannge an appointment please call (01524) 386500 or (01772) 253841

Navigating Probate in 2025: What You Need to Know

Probate can often feel overwhelming, especially during a difficult time following the loss of a loved one. If you’re dealing with the estate of someone who has passed away, understanding the probate process is essential to ensure everything is handled correctly and efficiently.

What Is Probate?

Probate is the legal process of dealing with a deceased person’s estate. This involves gathering their assets, paying any debts and taxes, and distributing what’s left according to their Will—or if there is no Will, according to the rules of intestacy.

Why Is Probate Important?

Probate is necessary to establish who has the legal right to manage and distribute the estate. Without probate, banks and other institutions will usually not release money or property, which can delay access to funds needed for funeral costs or ongoing bills.

Recent Changes Affecting Probate

In 2025, there are a few important updates that people should be aware of:

·       Inheritance Tax Thresholds: The government periodically adjusts the threshold at which inheritance tax applies. Staying informed about these changes can help executors plan the estate distribution more effectively.

·       Digital Assets: Increasingly, estates include digital assets such as online bank accounts, cryptocurrencies, and social media profiles. Executors may need to take extra steps to access and manage these.

·       Probate Fees: While probate fees in England and Wales remain relatively modest, there is ongoing discussion about potential reforms. Executors should keep an eye on announcements from HM Courts & Tribunals Service to avoid surprises.

Common Probate Challenges

Handling probate isn’t always straightforward. Some common issues include:

·       No Will (Intestacy): If the deceased didn’t leave a Will, the estate is distributed according to strict legal rules, which may not reflect their wishes.

·       Disputes Among Beneficiaries: Sometimes disagreements arise about who should inherit what, which can delay the process.

·       Missing or Complex Assets: Tracking down all assets can be tricky, especially if the deceased owned property abroad or had complicated financial affairs.

How Executors Can Prepare

Executors have a legal responsibility to administer the estate properly. To help things run smoothly, it’s advisable to:

·       Gather all relevant documents, including the Will, bank statements, and property deeds.

·       Notify banks, utility providers, and relevant organisations of the death.

·       Obtain a copy of the death certificate from the registrar.

·       Keep clear records of all payments made and received during the process.

How BSG Solicitors Can Support You

While probate can be managed personally, having professional legal support can make a significant difference—especially with complex estates or if disputes arise. At BSG Solicitors, our experienced probate team can guide you through each stage, from applying for the Grant of Probate to administering the estate fully and resolving any issues that may occur.

We aim to provide clear, practical advice to help executors fulfil their duties efficiently and with confidence, taking some of the pressure off during a difficult time. Call 01524 386500 or 01772 253841 to arrange an appointment.